359A.18  Lawful fence.

A lawful fence shall consist of:

1.  Three rails of good substantial material fastened in or to good substantial posts not more than ten feet apart.

2.  Three boards not less than six inches wide and three-quarters of an inch thick, fastened in or to good substantial posts not more than eight feet apart.

3.  Three wires, barbed with not less than thirty-six iron barbs of two points each, or twenty-six iron barbs of four points each, on each rod of wire, or of four wires, two thus barbed and two smooth, the wires to be firmly fastened to posts not more than two rods apart, with not less than two stays between posts, or with posts not more than one rod apart without such stays, the top wire to be not more than fifty-four nor less than forty-eight inches in height.

4.  Wire either wholly or in part, substantially built and kept in good repair, the lowest or bottom rail, wire, or board not more than twenty nor less than sixteen inches from the ground, the top rail, wire, or board to be between forty-eight and fifty-four inches in height and the middle rail, wire, or board not less than twelve nor more than eighteen inches above the bottom rail, wire, or board.

5.  A fence consisting of four parallel, coated steel, smooth high-tensile wire which meets requirements adopted by the American society of testing and materials, including but not limited to requirements relating to the grade, tensile strength, elongation, dimensions, and tolerances of the wire. The wire must be firmly fastened to plastic, metal, or wooden posts securely planted in the earth. The posts shall not be more than two rods apart. The top wire shall be at least forty inches in height.

6.  Any other kind of fence which the fence viewers consider to be equivalent to a lawful fence or which meets standards established by the department of agriculture and land stewardship by rule as equivalent to a lawful fence.

Section History: Early form

  [R60, § 1544, 1545; C73, § 1507; C97, § 2367; S13, § 2367; C24, 27, 31, 35, 39, § 1846; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 113.18]

Section History: Recent form

  85 Acts, ch 195, § 11; 87 Acts, ch 17, § 5

  C93, § 359A.18

  94 Acts, ch 1061, §1

Internal References

  Referred to in § 359A.22


  Schoolyard fences, § 297.14

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